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Home My WebLink About2013-9-18Minutes for September 18 2013 , adopted Oct 16 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nmtucket- ma.gov Wednesday, September 18, 2013 4:00 p.m. W . Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Smah Oktay (Vice- chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Leslie Johnson I v w Called to order at 4:04 p.m. p Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minuly Tak Attending Members: Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson n Absent Members: Okhy —3 Agenda adopted by unanimous consent O 3 *Matter has not been heard 4 L PUBLIC MEETING Z ~ n A. Public Comment -None m W 11. PUBLIC HEARING A A. Notice of Intent L Sconset Beach Preservation Fund - Baxter Road Area SE48- 258 l(set hearing date only) Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP— Quidnet -Squam is presenting expert testimony on littoml drift and want that information in advance and hope to discuss conditions. Stated his client doesn't plan to present additional information. Discussion (4:06) When commissioners and rooms are available. Public None Staff None Motion Scheduled to September 25, location to be announced. Vote N/A Rowe -137 Wauwinet Road (11 -11.1) SE48 -2468 (cont to 10/16) Page 1 of 9 Minutes for September 18. 2013. adorned Oct. 16 2. Thompson -14 Fargo Way (14- 17)SE48 -2574 Sitting Steinauer, Karherg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Abutter's letter submitted at the table. Representative Stan Humphries, Lamentide Environmental, LLC — Addressed the concerns that arose from the last hearing. Could not determination of correlation between rock and silt along the bank. Would put up a silt fence on the landward side; long -term nourishment, propose 200 cubic yards (CY) of coverage with about 30 percent silt included. No filter fabric is proposed; anticipate through rein and wave action, material will be pulled out of the riff -raff. The performance standard calls for no alternative; his client is of the opinion that there is no "better" alternative available. Clarified that waivers were requested on July 18, 2013. Discussion (4:10) Consensus of the board is that this meets the definition for an engineered structure. Discussion about how the structure would impact the salt marsh. Johnson — Stated she doesn't understand why moving the structure is not considered an option by the applicant. There is no reason it couldn't move. Steinauer— Stated that there are softer means to protect the bank. Public Sarah Alger, Sarah F. Alger P.C., for the abutter— Did not get to see the material submitted by the applicant until today. There are 4 resource areas involved; believe the project does not meet any of those standards. There is the alternative of moving the building. Only one of the structures meets the standard for imminent danger. No waivers have been requested. Reminded the board that in the beginning of the hearings for this project, Laurentide Environmental, LLC submitted a report that should be reviewed and considered. Emily MacKinnon, Nantucket Land Council — Agree that the project does not meet the performance standards. Brought up the fact that the board consider protection of the pre-1978 structure and the post —1978 structure; the structure should be restricted to the pre-1978 structure only. Staff Reviewed the resource areas involved for which performance standards must be considered. Suggested that there be discussion of the performance standards before closing the hearing on this. Read the definition for a salt marsh. Read the performance standards for the relevant resource areas. Have everything needed to close. Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 3. FAB ACK2, LLC —15 Lauretta Lane (14 -10.1) SE48 -2589 (cont to 102) 4. Brant Point Partners -21 &23 Walsh Street (42.4.1-106& 105) SE48-2594 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Submitted a letter and revised plan to address concerns and questions brought up at the first hearing. Grade won't change more than 8 inches with a slight slope to the property lines; no additional fill will be brought in. Will provide a topography with the as- built. Responded to Mr. Newell's concerns. Discussion (4:38) Johnson — Stated the opinion that there should be no slope to the grade on the lot; that causes hardship in the form of not off for the neighbors. The houses should be raised but no change should be made to the topography. Asked how many steps would lead to the door. (Answer: 3 to 4 steps; first Boor would still be compliant with the FEMA regulations.) Stated that she watched 25 Walsh raise the grade and expressed her concerns to ConCom yet nothing is being done. Public Sara O'Reilly, 20 Willard Street— Stated that the builder for 21/23 is the same as for 25 Walsh Street and that 25 was filled in so much with a gap of 8 to 10 inches that now she has water in front of her house after a heavy min; stated that never happened before. Terry Newell, 21 Willard Street — Share the same concerns as Ms Johnson. Asked the commissioners to come look at the properties in terms of ground and street level; his house is on piers with 6 or 7 steps up to the door. Concerned about adding fill; every house on the east side of Willard is level with the road; not one on the west side. Want assurance that the lot remains levels. Stated that in his application ConCom was very stria about not raising the grade. Would like to have verification that the ground cover has not been exceeded. Staff Read the performance standard in regards to grading and Bow of water. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously Page 2 of 9 Minutes for September 18, 2013, adopted Oct. 16 5. -Jordan —39 & 41 Sheep Pond Road (63 -17.1 & 39.1) SE48 -2595 Sitting Steinauer, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Discussion (5:00) None Public None Staff Was waiting for Massachusetts Natural Heritage comments: positive no take or impact. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 6. "Cohan — 81 Baxter Road (49-33) SE48-2597 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Moving away from an eroding bluff. In 10 years have lost about 50 feet of bluff. Moving the structure to the street line placing the structure 50 feet back from the bluff as it exists today. The existing basement will be filled and the area turned to lawn. Discussion (5:01) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 7. *Weymar — 79 Baxter Road (49-32) SE48-2596 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Similar to the prior application. Moving due to erosion of the bluff. Arthur D. Gasbarro, Blackwell and Associates Inc. — Structure will be moved to 7 feet from the property line just outside the 50 -foot setback. Retaining will be necessary for the property. Discussion (5:04) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 8. -7 Huckleberry Lane, LLC — 7 Huckleberry Lane (32-60) SE48 -2598 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Project is for installation of a split -rail fence and planting of American beach grass within the 50 -foot buffers for bordering vegetated wetlands and a coastal done. Sarah Alger, Sarah F. Alger P.C. — There is an existing walkway and path; the intent of the split mil fence will stopjust west of the pathway. Discussion (5:08) Steinauer — stated another reason seemed to be to prevent vehicles from driving where they shouldn't. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Golding) (seconded by: Bennett) Vote Carried unanimously Page 3 of 9 Minutes for September 18. 2013, adopted Oct, 16 9. - Rand -3 Woodbury L m(42.3.4- 161)SE48 -2599 Sitting Steinauer, Kosberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Invasive plant species removal from an area covered by a conservation casement. Have a field inspection report for Laurentide Environmental, LLC verifying the invasive species. David M. Haines, Haines Hydrogeologic Consulting— Explained the process for removal of the invasive species: Japanese Knotweed, Porcelain Berry, and Japanese Honeysuckle. Removal will be done in the winter and area sprayed in the spring. Spraying will be performed by a licensed applicator. The work is outside the wetlands. Discussion (5:13) Review of how the work will be done. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 10. -23 Commercial Wharf JA LLC —23 Commercial Wharf (42.2.4 -5) SE48 -_ Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Kevin Dale, Vaughan, Dale, Hooter and Beaudette, P.C. — Relocate, renovate and enlarge a small cottage on the wharf. Request a continuance to Oct. 2. John Bracken, Bracken Engineering — Similar to a 2010 project that was approved. Property has a Chapter 91 license but for the platform only, the plans of which are included in the file. Coastal bank is the stone wall which supports the structure. Relocation will move it off the wall. There is a 4X8 foot float that will be maintained. Will be a transient lodging structure so needs to meet accessibility requirements, which close to the bottom; propose stops to prevent it from sinking too low and sitting on the bottom. The entire property is within the 25 -foot buffer; willing to request a waiver. The infiltrate for the additional roof area has been created; ron -off from the roof will be directed to an infiltration bed being placed under the deck. Discussion (5:23) No comments. Public Scott Kelly, Nantucket Island Resorts — This is a shallow lot on a private dead -end road. Given the scale in footprint increase, concerned about where the lay -down area will be and how material management will impact the area. Emily MacKinnon, Nantucket Land Council — Believe it would be appropriate that there be a separate waiver request within the 25 -foot buffer. Couldn't tell what the bottom under the float is; performance standards refer to impact on shellfish beds. Staff Waiting for a file number. Motion Continued to October 2 without objection. Vote N/A Page 4 of 9 Minutes for September 18, 2013, adopted Oct. 16 11. -Desert Island LLC — 64 Cliff Road (30 -66, Lot 2 &3) SE48 -2600 12. * Desert Island LLC — 64 Cliff Road (30 -66, Lot 4) SE48 -2601 13. * Desert Island LLC — 64 Cliff Road (30 -66, Lot 5) SE48 -2602 14. • Desert Island LLC — 64 Cliff Road (30-66, Lot 6) SE48 -2603 Sitting Stemmer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Currently a single - family property with house being divided into four lots with structures: renovate existing house and build three new structures. Almost all work is within 100 -foot buffer of bordering vegetated wetlands boundaries of which the boundaries were determined in 2012. Some work is within the 50- and 25 -foot buffers. Have asked for a waiver for work within the 25 feet of the resource area which is mostly landscaping and removal of the existing driveway which runs along the edge of the wetland; the removal constitutes a net benefit as the disturbed area will be planted. Two structures will be built on crawl spaces due to high ground water. Any temporary dewatering would go into the Town system pending permission by the Department of Public Works (DPW). All the new houses are outside of the 50 -foot buffer but the pool is within the 50 -foot buffer; have asked for a waiver on the pool. Request a continuance. David M. Haines, Haines Hydrogeologic Consulting — There are some facultative wetland species; the hydrology seems to be from a catch basin in the road. It is a drainage swale. Discussion (5:37) Discussion about the presence of a pool within the 50 -buffer zone for the wetland and possibly finding an alternative location. Golding — Pointed out that the wetlands has had houses around it but now it would have four houses in close proximity. Public Emily MacKinnon, Nantucket Land Council — Concerned about the location of the pool and have questions about the hydrology of the area. The Swale seems to slope toward the wetlands and there is concern about that. As the Waiver for the pool is for No Adverse Impact/No Reasonable Alternative, would like to seejustification for that or alternative locations for the pool. John Keegan, 62 Cliff Road — There is no catch basin so all the water floods his driveway. The wetlands itself; the front lawn is usually under water and when that area is filled that water flows into my property and into the wetlands. Concerned about the water level and run off and what will happen to the wetlands in the back. Does not think this is an appropriate area for a pool. Stated that DPW told him that the sewer system is not connected. Staff Recommended all the lots be heard at one time. Will need a waiver for the distance of the bottom of the pool to ground water; also the pool fence is a structure that needs to be considered. Motion Continued to October 2 without objection. Vote N/A III. PUBLIC MEETING A. Request for Determination of Applicability L - Thompson -1 Crow's Nest Way (12 -23) Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — The Request is to drill a new residential well and 5X5 well structure to house equipment. This portion was subdivided off the original lot; the septic system will continue to be shared. The well and structure would be outside of the 100 -fool buffer for the bordering vegetated wetlands in existing lawn area. Discussion (5:58) No comments or concerns Public None Staff Recommend Negative 3 authorizing work within the buffer zone and does not alter the resource area. Motion Motion to Approve as a negative 3. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 5 of 9 Minutes for September 18. 2013, adopted Oct. 16 B. Certificates of Compliance 1. *Kathawala & Herr —19 Roberts Lane (56- 100 &101) SE48 -1813 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:05) No comments or concerns. Public None Staff For construction of a garage/second dwelling. Recommend Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 2. *Mills —10 North Road (43 -81) SE48 -807 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:05) No comments or concerns. Public None Staff For reconstruction and repair of a coastal bulkhead and stairs. Recommend issue Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously C. Orders of Conditions (Ifthe public hearing is closed— for discussion and/or issuance) 1. *McGilvray— 30 Rhode Island Ave. (60.3.1 -152) SE48 -2590 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:06) Steinauer — Wants the applicant to come to ConCom before removing something. Public N/A Staff Relocation of structure and installation of a tight tank. Reviewed condition: monitoring report, disturbed areas to be replanted and once the coastal dune is gone the structures will be removed. Outside Massachusetts Natural Heritage habitat. Have been unable to locate the original septic. Could add Condition 22: Remove previous sight improvements should they become evident. Motion Motion to Approve as amended. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 2. - Nicholes & Bauer — 5, 6 & 9 Medouie Creek Road (20 -5, 24 &4) SE48 -2587 Sitting Steinauer, Bennett, Golding, Glowacki, Johnson Recused Kmberg Documentation Supporting documents and plans. Representative None Discussion (6:11) None Public N/A Staff Reviewed the scope of the project. For the wetland crossing, there is a wetland reclamation area proposed at 1:1 ratio. Conditions primarily refer to monitoring. Waivers are involved for the reclamation area. Forced main waivers are net benefit. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 3. -Brant Point Partners -21& 23 Walsh Street (42.4.1-106&105) SE48-2594 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:16) Discussion about the grade and reuse of excavated dirt and top soil. Johnson — Asked if the site could be monitored to prevent excessive grating before it gets too far. Discussion about monitoring the grade during construction and whether or not a nuoiimum change range should be included in the Orders. Public None Staff Added Condition 19: No fill is permitted. Add no substantial grade change is allowed. Motion Motion to Issue as amended. (made by: Golding) (seconded by: Bennett) Vote Carried unanimously Page 6 of 9 Minutes for September 18, MD. adopted Oct 16 5. *Jordan — 39 & 41 Sheep Pond Road (63 -17.1 & 39.1) SE48 -2595 Sitting Steinauer, Bennett, Golding, Glowacki, Johnson Recused Karberg, Documentation Supporting documents and plans. Representative None Discussion (6:27) No continents or concerns. Public None Staff Moving outside of Commission jurisdiction; only request is to maintain the vacated space as lawn area. Waiver: No Adverse Impact/No Reasonable Alternative. Motion Motion to Issue. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 6. * Rediker — 14 Almanack Pond Road (25 -12) SE48 -2591 Sitting Steinauer, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative None Discussion (6:29) Golding— Expressed concern about creep. Discussion about adding a condition for markers. Public None Staff Enforcement action; conditions are mostly monitoring except Condition 20: mowing shall take place annually and the commission will be notified prior to any work cwmmencing. Add Condition 22: prior to mowing, the edge will be physically marked. Waiver for the restoration work inside the wetland and 25 -foot buffer; stated that he had a concern with the net benefit so went with the No Adverse Impact'No Reasonable Alternative. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 6. * Cohan — 81 Baxter Road (49 -33) SE48 -2597 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:33) No comments or concerns. Public None Staff Standard Order of Conditions on a straightforward project. Motion Motion to Issue as drafted. (made by: Karberg) (seconded by: Golding) Vote Carried unanimously 7. *Weymar — 79 Baxter Road (49-32) SE48-2596 Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:34) No comments or concerns. Public None Staff Pointed out errors in the order to be connected. Motion Motion to Issue as amended. (made by: Golding) (seconded by: Karberg) Vote Carried unanimously 6. * Rand — 3 Woodbury Lane (42.3.4-161) SE48- Sitting Swimmer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:35) No comments or concerns. Public None Staff Straight forward except for Condition 19: included the glyphosate for flexibility in the event of other invasive plants are found. Condition 23: verify all species are invasive. Motion Motion to Approve as drafted. (made by: Golding) (seconded by: Bennett) Vote Carried unanimously Page 7 of 9 Minutes for September 18. 2013. adooted Oct. 16 7. -7 Huckleberry Lane — 7 Huckleberry Lane (32 -60) SE48 -2598 Sitting Swimmer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:39) Disturbed areas will be replanted with grass. Public None Staff No dmft as it has waivers. Will draft a positive order Motion None Vote N/A 8. *23 Commercial Wharf JA LLC — 23 Commercial Wharf (42.14 -5) SFAS- (Continued) 9. -Desert Island LLC — 64 Cliff Road (30 -66, Lot 2 &3) SE48 -2600 (Continued) 10. w Desert Island LLC — 64 Cliff Road (30 -66, Lot 4) SE48 -2601 (Continued) 11. * Desert Island LLC — 64 Cliff Road (30 -66, Lot 5) SE48 -2602 (Continued) 14. + Desert Island LLC — 64 Cliff Road (30 -66, Lot 6) SP48 -2603 (Continued) 15. Discussion of other closed notice of intent public hearings — Thompson, 14 Fargo Way: Sitting Steinauer, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:40) Golding — Suggested Dr. Oktay should be in attendance for the discussion of the order. Is concemed about the adverse impact on the wetlands, it won't adequately mimic the bank Majority of the board believe there is a reasonable alternative. Karberg — Looking at the nourishment, can't put sand on a rock face and have it mimic the bank. Concerned the salt marsh will flood. Steinauer — If the sand goes away, it leaves a hard structure. This doesn't meet the waiver requirements. Glowacki — If performance standards can't be met; the commission can issue waivers. There are several resource areas that are in conflict and wonder if the commission tends to prioritize them. It seems contradictory to have some projects damping fill into the harbor while other projects are being made to keep fill out of the harbor. Stated his opinion that the commission does not take one action for fear of another action. Golding — The facts as he sees it is that the nourishment doesn't replicate what is coming off the bank. Steinauer — Does not meet the waiver requirements. This commission has heard testimony that these structures made out of hard material or rocks have an adverse impact. Glowacki —Have not heard from the applicant a lot about alternative structures. There are other alternatives. Discussion about concerns that the entire harbor could end up with a sea wall. Public N/A Staff Reviewed the relevant performance standards. The question is, are there conditions that could be put on the project that make it compliant with the performance standards. Listed the waiver options: No Adverse Impact/No Reasonable Alternative, when the distance between the buffer zone and adjacent resource area are previously altered; long -term net benefit and improvement; and grandfather of the pre -1978 structure. Will draft an order that the application failed to meet the burden of proof. Motion None Vote N/A Page 8 of 9 Minutes for September 18 2013 adopted Oct 16 D. Other Business 1. Reports: a. CPC — Golding b. NP &EDC— Bennett c. Mosquito Control Committee —None d. Coastal Management Plan — Carlson e. Polpis Harbor Nantucket Community Sailing — Bennett 2. Commissioners Comment: None 3. Administrator /Staff Reports: a. Hummock Pond Road Bike Path mitigation —Needs about 700 SF additional replication to come into compliance. b. 25 Walsh Street Enforcement— Update Motion to Adjoum at 7:16 p.m. Submitted by: Terry L. Norton Page 9 of 9